Is it legal to garnish someones bank account for a balance due on a repossed car even though the bank account is in the other spouses name and did not even know her husband when the car was repossesed?

Answer 1

Yes, it is legal to garnish a joint marital bank account for a debt incurred by a spouse before marriage with a few exceptions. The first would be if the couple live in a state where a marital account is considered held as Tenancy By The Entirety, if that is the case the account cannot be levied when only one spouse is the debtor. In states that do not allow TBE accounts, the non-debtor spouse would have to file a motion with the court to have the percentage of funds belonging to them released. If the couple reside in a community property state the funds in the account are considered equally owned and the entire amount is subject to levy, regardless of the circumstances surrounding the debt owed. The levying of bank accounts in CP states is the way judgment creditors get around the issue of pre-marital debts not being allowed to be executed against joint marital property.